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Gulfstreamaviator
12th Jun 2013, 11:58
My question is "easy", will the LCC et al, refuse compensation as the industrial action, and the delays and canx as a result are beyond their control, or does the legislation cover this these days.

If it does cover the action, can the airlines then issue a compensation writ to the unions, assuming the strikes might not be fully authorised.


glf

The SSK
12th Jun 2013, 12:32
Airlines will not be liable for compensation for delays/cancellations caused by ATC action, either in the current legislation or its proposed revision. Even the most rabid pro-consumer EU parliamentarians accept ATC industrial action as an extraordinary circumstance.

However, airlines are liable for providing meals, refreshments and eventually hotel accommodation to passengers affected by delayed/cancelled flights.

Also, under the proposed revision, only the flight directly affected and the next flight in that aircraft's flying programme, can use the 'extraordinary circumstance' clause - any further delays or cancellations therefrom would not be able to claim this as a factor.

They could try claiming the costs back from the ATC providers, but even if they succeeded, those amounts would simply be added to the cost base, to be recovered through the next year's Unit Rate :ugh:

ATC Watcher
12th Jun 2013, 12:35
assuming the strikes might not be fully authorised.
if you talk about this one in France yesterday and today, this perticular strike is fully legal and authorised.

RAT 5
12th Jun 2013, 12:43
However, airlines are liable for providing meals, refreshments and eventually hotel accommodation to passengers affected by delayed/cancelled flights.

I've always been curious about this one, both legally & logistically. It is mostly activated by pax stranded away from home and having to camp out for how ever long it takes. With a/c fully booked in the summer months it could take days before the next available flight on their carrier. Likewise hotels might be scarce. If I remember correctly, during the volcanic ash affair, pax fended for themselves and then submitted claims once home. is it so that the onus is on the pax to house and feed themselves when stranded?

Further, what about pax who've travelled significant distances from home, but are still in their 'departure' country, but without reasonable means or time to travel back home and then back to the airport again for the as yet unknown next available flight: are they also eligible for housing & food at their departure airport? It seems to make little difference which end of the journey you are stranded at. However, has this scenario been tested?